Calcutta High Court (Appellete Side)
Section 407 Of The Indian Penal Code vs In Re : Pradeep Kaushal on 28 August, 2024
Author: Suvra Ghosh
Bench: Suvra Ghosh
28.08.2024 4 jb.
jdt.
Allowed C.R.M. (SB) 115 of 2024 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhabanipur Police Station Case No. 137 of 2024 dated 21.05.2024 under Section 407 of the Indian Penal Code.
And In Re : Pradeep Kaushal ... Petitioner.
Tarique Quasimuddin Mr. Rahul Kr. Mahato ... For the Petitioner.
Mr. Arijit Ganguly Mr. Debangshu Ghorai ... For the State.
Learned counsel for the petitioner submits that the petitioner is in custody for about 40 days. He is the proprietor of M/s Brijwasi Traders and has produced the relevant documents pertaining to his business as well as purchase of the alleged goods (edible oil). Further detention of the petitioner is not required for the purpose of investigation.
Learned counsel for the State produces the case diary and opposes the prayer for bail.
It appears that the petitioner is in custody since 19 th July, 2024 and since then there has been no substantial development in investigation of the case.
The co-accused have been granted bail earlier. Considering the material available in the case diary as well as the period of detention of the petitioner, this Court is inclined 2 to hold that further detention of the petitioner is not required for custodial interrogation. Accordingly, the prayer for bail is allowed.
The petitioner namely Pradeep Kaushal shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate - II, Haldia, Purba Medinipur subject to condition that the petitioner shall meet the investigating officer of the case once a week till submission of charge-sheet and shall not tamper with the evidence and intimidate the witnesses in any manner whatsoever.
The application for bail, being CRM (SB) 115 of 2024, is, thus, disposed of.
Case Diary be returned.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)